Divorce Laws by State (2026): Grounds, Residency, and Property
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 7 primary sources cited on this page. How we verify our legal content
Every state now offers no-fault divorce, but each uses different wording: irretrievable breakdown, irreconcilable differences, incompatibility, or insupportability. Residency requirements range from six weeks in Nevada and Idaho to one year in several states. Property is split as either community property in 9 states or equitable distribution in the rest.
No-fault divorce: every state, different words
Every state permits divorce without proving the other spouse did anything wrong. The legal terminology, however, varies. California and many states call it irreconcilable differences causing irremediable breakdown. Others, including Alabama and Alaska, use incompatibility or a similar phrase. Texas uses the unique term insupportability. Colorado, Florida, Michigan, and Washington ask only whether the marriage is irretrievably broken.
The practical effect is the same in almost every state: one spouse can end the marriage without alleging misconduct, and the other spouse cannot block the divorce simply by denying it. Courts accept the petitioner's sworn statement as sufficient.
Arkansas is the significant exception. It has no pure no-fault ground. The most commonly used path is general indignities, which requires showing a pattern of conduct that makes the spouses' life together intolerable. It functions as a near-no-fault ground in practice, but it is not the same as a clean irreconcilable-differences statute.
Mississippi, West Virginia, and South Dakota also differ from the majority. Their irreconcilable-differences ground is available only when both spouses consent. A spouse who refuses to join the petition forces the petitioner to use a fault ground or wait for the unilateral separation period.
Most states retain fault grounds alongside no-fault, including adultery, cruelty, and abandonment. A small minority, such as California, Colorado, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, Nebraska, Oregon, Washington, and Wisconsin, have eliminated fault grounds entirely. Fault grounds still matter in states that retain them because they can affect alimony and property division outcomes.
Residency requirements
Before you can file for divorce in any state, you or your spouse must meet that state's residency requirement. The purpose is to prevent spouses from forum-shopping for favorable laws. Requirements range from no minimum (Alaska, Washington) to as long as one year (Massachusetts, Rhode Island, West Virginia in some circumstances).
The most common threshold is 6 months, which applies in Alabama (if the defendant lives out of state), California, Florida, Georgia, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Tennessee, Virginia, and Wisconsin, among others.
Several states set a shorter bar. Nevada and Idaho require only 6 weeks. Arizona, Colorado, Missouri, and Utah set 90 days or 3 months. Kansas requires 60 consecutive days. Wyoming requires 60 days. Alaska requires no minimum duration, only domicile.
A few states split the requirement between the state and the county. Indiana requires 6 months in the state and 3 months in the county. Ohio requires 6 months in the state and 90 days in the county. California requires 6 months in the state and 3 months in the county of filing. Be sure to satisfy both.
Waiting periods vs. separation requirements
These two concepts are frequently confused, and the distinction matters.
A waiting period is a cooling-off period that begins after the petition is filed. It delays when a court can issue the final decree. The purpose is to give couples a pause before the divorce becomes final. For example, Texas imposes a 60-day wait from filing, Wisconsin requires 120 days, California requires 180 days (which is also the minimum term for its no-fault ground), and Colorado imposes a non-waivable 91-day period. During a waiting period, spouses do not need to live apart.
A separation requirement is different. It requires the spouses to have already lived separate and apart for a defined period before they are eligible for a no-fault divorce. The separation must typically predate the filing, or at least be completed before the decree is granted.
The states that require living apart before a no-fault divorce are: North Carolina (1 year), South Carolina (1 year), Virginia (6 months with no minor children and a written agreement, or 1 year in all other cases), Vermont (6 months), Pennsylvania (90 days for mutual consent, 1 year for unilateral), Delaware (6 months before the court rules), Maryland (6 months for the separation ground, though mutual consent and irreconcilable differences have no wait), and Louisiana (180 days with no minor children, or 365 days with minor children). DC eliminated its separation requirement in January 2024.
In all other states, no separation period is required. Spouses may file for no-fault divorce without first living apart.
Community property vs. equitable distribution
How a state divides marital property at divorce depends on which framework it follows.
The 9 community-property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, most property and debts acquired during the marriage are owned equally by both spouses. At divorce, community property is generally split 50/50, though each state has its own rules for characterization and exceptions.
All remaining states and DC follow equitable distribution. Equitable distribution means the court divides marital property fairly, but not necessarily equally. Judges weigh factors such as the length of the marriage, each spouse's income and earning capacity, contributions to the marriage (including non-financial contributions like raising children), and each spouse's economic circumstances after divorce.
In both systems, separate property (assets owned before the marriage, or received as a gift or inheritance during the marriage) generally remains with the original owner. The key question is always whether property is marital or separate, and that analysis is fact-specific.
Debt division follows the same framework. Community-property states treat debts incurred during the marriage as shared obligations. Equitable-distribution states apportion debts as part of the overall fair-division analysis.
Covenant marriage
Covenant marriage is an alternative form of marriage available in three states only: Arkansas, Arizona, and Louisiana. Couples who choose a covenant marriage sign a declaration of intent, receive pre-marital counseling, and agree to a more limited set of grounds for divorce.
Divorcing from a covenant marriage is harder. In Arizona, ending a covenant marriage requires proving one of several fault grounds (adultery, felony conviction, abandonment, abuse, or habitual substance abuse), living apart continuously for 2 years (or 1 year after a legal-separation decree), or both spouses agreeing to the dissolution. In Arkansas and Louisiana, covenant-marriage divorces require fault grounds such as adultery or abuse, or a prolonged separation period. The standard irreconcilable-differences or irretrievable-breakdown route does not apply to covenant marriages in those states.
Standard marriages in Arkansas, Arizona, and Louisiana are not subject to covenant-marriage rules. Most couples in those states marry conventionally and divorce under the standard statutes. Covenant marriage represents a very small fraction of marriages in each state.
Alimony, custody, and child support in divorce
Divorce is the legal proceeding that resolves not just the status of the marriage but also financial support, parenting, and property. Alimony (called spousal support or maintenance in some states), child custody, and child support are typically decided as part of, or alongside, the divorce action.
Alimony determinations are highly fact-specific. Courts consider the length of the marriage, the income gap between spouses, each spouse's employability and standard of living, and contributions to the marriage. Florida overhauled its alimony statute in 2023, eliminating permanent alimony. Utah recodified its family law title in 2024, renumbering Title 30 to Title 81 without substantive change to most rules.
Child custody is decided based on the best interests of the child standard in every state. Courts evaluate which parent provides stability, the child's relationships with each parent, and, in many states, the child's own preferences if the child is old enough. For more on your state's custody rules, see the child custody pages.
Child support is determined by each state's formula, which generally considers both parents' incomes and the parenting-time schedule. For the specific formula and calculator in your state, see our child support calculator.
For detailed information by state, see the alimony laws hub at /us-laws/alimony/, the child custody hub at /us-laws/child-custody/, and the child support hub at /us-laws/child-support/.
Recent changes (2023-2026)
Several states made meaningful changes to divorce law in this period.
Maryland (Oct 1 2023): Senate Bill 36 made the most comprehensive reform. Maryland repealed all fault grounds for absolute divorce, cut the separation requirement from 12 months to 6 months, added irreconcilable differences as a standalone no-fault ground, abolished the limited divorce proceeding, and eliminated the bar on divorcing while still cohabitating. Mutual consent (with a written settlement resolving all issues) remains available with no separation period.
District of Columbia (Jan 26 2024): D.C. Law 25-115 eliminated DC's long-standing separation requirements entirely. The prior law required either 6 months of separation (mutual) or 1 year (unilateral). Under the new law, the sole ground is that one or both parties assert they no longer wish to remain married. There is no waiting period and no separation period.
Florida (2023): SB 1416 overhauled alimony law, not the grounds for divorce. Florida ended permanent alimony and restructured the types and duration of spousal support. A companion law, HB 1301, created a rebuttable presumption of equal time-sharing in custody cases (Fla. Stat. 61.13). Grounds, residency, and the waiting period were not changed.
Utah (Sept 1 2024): Utah reorganized its entire family-law code, renumbering Title 30, Chapter 3 to Title 81, Chapter 4. The statute numbers for divorce (formerly 30-3-1 and related sections, now 81-4-403 and related) changed, but the substantive rules did not. If you are reading older sources citing Title 30, the rules they describe are still in effect under the new numbering.
North Carolina (pending): A 2025 bill would cut NC's separation requirement from 1 year to 6 months. As of 2026 that bill remains in committee and current law is unchanged.
State divorce laws comparison table
The table below summarizes the key variables for all 50 states and DC. The Separation column shows "None" where no prior separation is required, or the required period. The Property column reflects community property (CP) or equitable distribution (ED).
| State | No-fault ground | Residency | Separation required? | Property |
|---|---|---|---|---|
| Alabama | Irretrievable breakdown or incompatibility | 6 months (if defendant out of state); none if both in AL | None | Equitable |
| Alaska | Incompatibility causing irremediable breakdown | Domicile only; no minimum duration | None | Equitable |
| Arizona | Irretrievably broken (standard); covenant marriage has separate grounds | 90 days | None (standard) | Community |
| Arkansas | No pure no-fault; general indignities is the closest ground | 60 days to file; 3 months by decree | None for general indignities; 18 months for separation ground | Equitable |
| California | Irreconcilable differences | 6 months in state; 3 months in county | None | Community |
| Colorado | Irretrievably broken | 91 days | None | Equitable |
| Connecticut | Irretrievable breakdown | 1 year (multiple paths) | None for breakdown ground; 18 months for separation ground | Equitable |
| Delaware | Irretrievably broken | 6 months | 6 months (before ruling) | Equitable |
| District of Columbia | No longer wish to remain married | 6 months | None (eliminated Jan 2024) | Equitable |
| Florida | Irretrievably broken | 6 months | None | Equitable |
| Georgia | Irretrievably broken | 6 months | None | Equitable |
| Hawaii | Irretrievably broken | Domicile + 3 months in circuit | None for primary ground; 2 years for separation ground | Equitable |
| Idaho | Irreconcilable differences | 6 weeks | None | Community |
| Illinois | Irreconcilable differences | 90 days | None (6 months creates presumption in contested cases) | Equitable |
| Indiana | Irretrievable breakdown | 6 months in state; 3 months in county | None | Equitable |
| Iowa | Breakdown with no likelihood of preservation | 1 year (if defendant not an IA resident); none if defendant is IA resident | None | Equitable |
| Kansas | Incompatibility | 60 days | None | Equitable |
| Kentucky | Irretrievably broken | 180 days | None | Equitable |
| Louisiana | Living separate and apart | Domicile | 180 days (no minor children); 365 days (minor children) | Community |
| Maine | Irreconcilable marital differences | 6 months (multiple paths) | None | Equitable |
| Maryland | Irreconcilable differences; mutual consent; 6-month separation | 6 months (if grounds arose out of state) | 6 months (for separation ground only); none for mutual consent or irreconcilable differences | Equitable |
| Massachusetts | Irretrievable breakdown (joint or unilateral) | 1 year | None | Equitable |
| Michigan | No reasonable likelihood breakdown can be preserved | 180 days in state; 10 days in county | None | Equitable |
| Minnesota | Irretrievable breakdown | 180 days | None | Equitable |
| Mississippi | Irreconcilable differences (mutual consent required) | 6 months | None (but both parties must consent) | Equitable |
| Missouri | Irretrievably broken | 90 days | None | Equitable |
| Montana | Irretrievable breakdown | 90 days | None (180 days apart is one alternative showing) | Equitable |
| Nebraska | Irretrievably broken | 1 year in most cases | None | Equitable |
| Nevada | Incompatibility | 6 weeks | None for incompatibility; 1 year for separation ground | Community |
| New Hampshire | Irreconcilable differences | Domicile (1 year if defendant not served in-state) | None | Equitable |
| New Jersey | Irreconcilable differences (6+ months) | 1 year | None for irreconcilable differences; 18 months for separation ground | Equitable |
| New Mexico | Incompatibility | 6 months | None | Community |
| New York | Irretrievable breakdown 6+ months | Varies (commonly 2 years or 1 year with nexus) | None (breakdown must have lasted 6+ months, but parties may cohabit) | Equitable |
| North Carolina | Living separate and apart 1 year | 6 months | 1 year | Equitable |
| North Dakota | Irreconcilable differences | 6 months (before decree) | None | Equitable |
| Ohio | Incompatibility (mutual); living apart 1 year (unilateral) | 6 months in state; 90 days in county | 1 year (unilateral path); none if both consent to incompatibility | Equitable |
| Oklahoma | Incompatibility | 6 months | None | Equitable |
| Oregon | Irreconcilable differences | 6 months (if married outside OR) | None | Equitable |
| Pennsylvania | Irretrievable breakdown (mutual consent or 1-year separation) | 6 months | 90 days (mutual consent); 1 year (unilateral) | Equitable |
| Rhode Island | Irreconcilable differences | 1 year | None for irreconcilable differences; 3 years for separation ground | Equitable |
| South Carolina | Living separate and apart 1 year | 1 year (one resident); 3 months (both residents) | 1 year | Equitable |
| South Dakota | Irreconcilable differences (mutual consent or default) | Resident at commencement; no minimum duration | None | Equitable |
| Tennessee | Irreconcilable differences (with written agreement) | 6 months | None for irreconcilable differences (needs written MDA); 2 years for separation ground | Equitable |
| Texas | Insupportability | 6 months in state; 90 days in county | None | Community |
| Utah | Irreconcilable differences | 3 months | None | Equitable |
| Vermont | Living separate and apart 6 months | 6 months to file; 1 year for final hearing | 6 months | Equitable |
| Virginia | Separation (6 months with agreement and no minor children; 1 year otherwise) | 6 months | 6 months or 1 year | Equitable |
| Washington | Irretrievably broken | Resident at filing; no minimum duration | None | Community |
| West Virginia | Irreconcilable differences (mutual consent); voluntary separation 1 year (unilateral) | 1 year (if married outside WV); domicile if married in WV | 1 year (unilateral path); none for mutual consent | Equitable |
| Wisconsin | Irretrievably broken | 6 months in state; 30 days in county | None (12 months apart is one alternate showing) | Community |
| Wyoming | Irreconcilable differences | 60 days | None | Equitable |
This article is general legal information, not legal advice. Divorce laws vary by state and depend on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in your state.
Frequently Asked Questions
What is no-fault divorce?
No-fault divorce allows a spouse to end the marriage without proving the other spouse committed misconduct such as adultery or cruelty. The petitioner states that the marriage has broken down irretrievably (or uses the state-specific phrase) and a court grants the divorce even if the other spouse disagrees. All 50 states and DC now permit no-fault divorce.
Which states require a separation period before divorce?
Eight jurisdictions require living apart before a no-fault divorce can be finalized: North Carolina (1 year), South Carolina (1 year), Virginia (6 months with no minor children and a written agreement, or 1 year), Vermont (6 months), Pennsylvania (90 days for mutual consent or 1 year unilateral), Delaware (6 months before the ruling), Maryland (6 months for the separation ground only), and Louisiana (180 days with no minor children or 365 days with minor children). DC eliminated its separation requirement in January 2024.
What are the community property states?
The 9 community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, most assets and debts acquired during the marriage belong equally to both spouses and are generally divided 50/50 at divorce. All other states use equitable distribution, which divides marital property fairly but not necessarily equally.
How long must I live in a state before I can file for divorce?
It depends on the state. Nevada and Idaho require only 6 weeks. Arizona, Colorado, Missouri, and Utah require 90 days or 3 months. Most states require 6 months. Massachusetts, Rhode Island, and New Jersey require 1 year in most situations. Alaska and Washington require only domicile with no minimum duration. Some states also require separate county residency in addition to state residency.
What is the difference between a waiting period and a separation requirement?
A waiting period is a cooling-off delay that begins after you file the divorce petition. You do not need to live apart during a waiting period; it is simply a minimum time before the court can issue a final decree. A separation requirement means you must have already lived apart from your spouse for a set period before you qualify for a no-fault divorce. Most states have a waiting period but no separation requirement.
Can I get a divorce without my spouse agreeing?
In most states, yes. Under a unilateral no-fault ground, one spouse can obtain a divorce even if the other refuses to consent. The refusal may delay the process but cannot permanently block a divorce. The main exceptions are Mississippi, West Virginia, and South Dakota, where the irreconcilable-differences ground requires both spouses to agree. In those states, a spouse who wants a divorce over the other's objection must use a fault ground or, in West Virginia, wait 1 year of separation.
What is covenant marriage and which states allow it?
Covenant marriage is a legal status chosen at the wedding that carries pre-marital counseling requirements and significantly narrower grounds for divorce. Only three states allow covenant marriages: Arkansas, Arizona, and Louisiana. Divorcing from a covenant marriage generally requires fault grounds (such as adultery or abuse) or a prolonged separation. Standard marriages in those states are not affected by covenant-marriage rules.
How is property divided in a divorce?
In the 9 community-property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), marital property is generally divided equally. In all other states, courts apply equitable distribution, splitting marital property fairly based on factors like the length of the marriage, each spouse's income, and contributions to the household. Separate property (owned before the marriage or received as a gift or inheritance) is generally kept by its original owner in both systems.
Does a fault ground affect property division or alimony?
It can, in states that retain fault grounds. Several equitable-distribution states allow judges to consider marital misconduct when dividing property or awarding alimony. States that have eliminated fault grounds entirely (such as California, Colorado, and Florida) do not permit misconduct to influence the financial outcome. Whether fault matters depends on your state.
What recent changes have been made to divorce law?
Major recent changes include: Maryland repealed all fault grounds and cut its separation requirement from 12 to 6 months (October 2023); DC eliminated its separation requirement entirely (January 2024); Florida overhauled alimony law in 2023, ending permanent alimony; and Utah renumbered its family-law code from Title 30 to Title 81 (September 2024) without substantive change to the rules.
Updates
Corrected the hub's description of Arizona covenant-marriage divorce grounds (added the mutual-agreement ground and removed an invented "6 months of counseling" path), clarified the Arkansas residency requirement as a two-stage 60-day-to-file/3-month-by-decree rule, and fixed a swapped Florida bill-number citation for the 2023 alimony overhaul (SB 1416, not HB 1301) while noting the companion time-sharing bill (HB 1301).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
State-by-state comparison
Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.
Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Family Code
§ 2310In forcecited in 2 of our articles
Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Permanent legal incapacity to make decisions.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Diosdado v. Diosdado (California Court of Appeal 2002, 118 Cal. Rptr. 2d 494)“…In 1969, California enacted Civil Code section 4506 (now Fam. Code, § 2310), providing for dissolution of marriage…”
- In Re Marriage of Mallory (California Court of Appeal 1997, 55 Cal. App. 4th 1165)“…able differences” (former Civ. Code, § 4506, subd. (1), now Fam. Code, § 2310). Nevertheless, the property issues wer…”
- L.G. v. M.B. (California Court of Appeal, 5th District 2018, 235 Cal. Rptr. 3d 494)“…nces" or "[p]ermanent legal incapacity to make decisions." (Fam. Code, § 2310.) The grounds for dissolution must be "…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Divorce Laws (2026): Grounds, Residency, and Process
Code of the District of Columbia, Title 16: Particular Actions, Proceedings and Matters. - Chapter 9: Divorce, Annulment, Separation, Support, Etc.
§ 16-904Grounds for divorce, legal separation, and annulment.In forcecited in 4 of our articles
(a) A divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married. (b) A legal separation from bed and board may be granted upon at least one party's assertion that they intend to pursue a separate life without obtaining a divorce. (c) [Repealed]. (d) Marriage contracts may be annulled in the following cases: (1) where such marriage was contracted while either of the parties thereto had a former spouse living, unless the former marriage had been lawfully dissolved; (2) where such marriage was contracted during the insanity of either party (unless there has been voluntary cohabitation after the discovery of the insanity); (3) where such marriage was procured by fraud or coercion; (4) where either party was matrimonially incapacitated at the time of marriage without the knowledge of the other and has continued to be so incapacitated; or (5) where either of the parties had not attained the age of 18, but in such cases only at the suit of the party who had not attained such age.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at github.com
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Rachal v. Rachal (District of Columbia Court of Appeals 1985, 489 A.2d 476)“…irmed in part, vacated in part, and remanded. . See D.C.Code § 16-904(a)(2) (1981). . See D.C.Code §…”
- IVANA CEROVIC v. DUSKO J. STOJKOV (District of Columbia Court of Appeals 2016, 134 A.3d 766)“…arriage is proven, it renders invalid a later marriage. See D.C. Code § 16-904 (d)(1) (2012 Repl.) (providing that a m…”
- Nehme v. Immigration & Naturalization Service (Court of Appeals for the Fifth Circuit 2001, 252 F.3d 415)“…06 (West 2000); Conn. Gen. Stat. Ann. § 46b-40 (West 2000); D.C. Code Ann. § 16-904 (1998); 750 Ill. Comp. Stat. Ann. 5/402…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington, D.C. Alimony Laws: How Spousal Support Works (2026), Common Law Marriage in the District of Columbia: Is It Recognized? (2026), District of Columbia Divorce Laws (2026): Grounds, Residency, and Process
Florida Statutes
§ 61.13Support of children; parenting and time-sharing; powers of court.In forcecited in 5 of our articles
(1)(a) In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30.1. All child support orders and income deduction orders entered on or after October 1, 2010, must provide:a. For child support to terminate on a child’s 18th birthday unless the court finds or previously found that the minor child, or the child who is dependent in fact and between the ages of 18 and 19, is still in high school and is performing in good faith with a reasonable expectation of graduation before he or she reaches the age of 19, or the continued support is otherwise agreed to by the parties; b. A schedule, based on the record existing at the time of the order, stating the amount of the monthly child support obligation for all the minor children at the time of the order and the amount of child support that will be owed for any remaining children after one or more of the children are no longer entitled to receive child support; and c.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 173 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Florida courts have applied section 61.13 to custody disputes. McIntyre v. McIntyre (1984) held the 1982 amendments did not do away with the substantial-change-in-circumstances requirement for modification. Corey v. Corey (2009) reversed findings under subsections 61.13(3)(d) and (m) as unsupported by competent substantial evidence.
Opinions citing this section in our collection:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…s (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the comple…”
- McIntyre v. McIntyre (District Court of Appeal of Florida 1984, 452 So. 2d 14)✓A remarried mother won a custody change so both children could move to Japan; the court held the 1982 amendment to section 61.13(2)(b) extended the best interests standard to modification proceedings but did not drop the substantial change requirement, and affirmed.
- Amendments to the Florida Family Law Rules (Supreme Court of Florida 1998, 23 Fla. L. Weekly Supp. 105)“…s (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the comple…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Child Custody Laws: Parental Responsibility, Time-Sharing, and Your Rights, Florida Emancipation Laws: How to Get Emancipated in Florida (2026), Florida Child Support Laws (2026): Guidelines & Calculator
Maryland Code, Family Law Article
§ 7-103In forcecited in 2 of our articles
§7–103. (a) The court may decree an absolute divorce on the following grounds: (1) 6–month separation, if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce; (2) irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage; or (3) mutual consent, if: (i) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues relating to: 1. alimony; 2. the distribution of property, including the relief provided in §§ 8–205 and 8–208 of this article; and 3.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2006
Opinions citing this section in our collection:
- Lemley v. Lemley (Court of Special Appeals of Maryland 1994, 102 Md. App. 266)“…no-fault” divorce based on a voluntary one-year separation, Md.Code Ann., Family Law § 7-103(a)(3) (1991 Repl.Vol.), or an involunta…”
- Afeta v. Gonzales (Court of Appeals for the Fourth Circuit 2006, 467 F.3d 402)“…marital disso-lutions — an absolute divorce (a vinculo), Md.Code Ann., Fam. Law § 7-103 (2006), and a limited divorce (a mensa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maryland Divorce Laws (2026): Grounds, Residency, and Process
Code of Virginia, Title 20: Domestic Relations
§ 20-91Grounds for divorce from bond of matrimony; contents of decreeIn forcecited in 2 of our articles
A. A divorce from the bond of matrimony may be decreed: (1) For adultery that occurred prior to the date of the last separation of the parties; or for sodomy or buggery committed outside the marriage; (2) [Repealed.] (3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his conjugal rights); (4) [Repealed.] (5) [Repealed.] (6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or (7) [Repealed.] (8) [Repealed.] (9) (a) On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Divorce Laws (2026): Grounds, Residency, and Process
Explore the law
This article also draws on these acts and chapters (opening at their first section): Texas Family Code § 6.001 (INSUPPORTABILITY)
Related law for further reading — not part of this article’s citations.
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Sources and References
- California Family Code 2310, 2320, 2339 (no-fault grounds and residency)(leginfo.legislature.ca.gov).gov
- Texas Family Code Chapter 6 (insupportability and residency)(statutes.capitol.texas.gov).gov
- Maryland Code, Family Law Section 7-103 (2023 SB 36 reform: fault repealed, separation cut to 6 months)(mgaleg.maryland.gov).gov
- D.C. Code Section 16-904 (D.C. Law 25-115, eff. Jan 26 2024: separation requirement eliminated)(code.dccouncil.gov).gov
- North Carolina General Statutes Section 50-6 (1-year separation requirement)(ncleg.gov).gov
- Utah Code Section 81-4-403, 81-4-405, 81-4-414 (recodified Title 81, eff. Sept 1 2024)(le.utah.gov).gov
- Virginia Code Section 20-91 (separation-based no-fault grounds)(law.lis.virginia.gov).gov